Mapping Roof Space

Many deeds submitted to the Keeper for registration in the land register include rights to the roof or the roof space above the flatted property. They are usually described in the breakaway deed for the flat, and in most instances, these are just normal pertinents of the flat and should be treated in the same way as any other pertinent. Such applications are not termed roof space applications and should proceed under the normal registration processes.

Example - roof space as pertinent

The following style is commonly seen in deeds - this does not make an application a roof space application:

"...Together with a right in common with the proprietors of the three other flats in the block to the solum, foundations, roof, roof space, rainwater conductors and chimney stacks pertaining to the said block [shown coloured blue on the deed plan]..."

Occasionally, however, an application will be received where the deed inducing registration (or the deed(s) referred to for extent in the DIR) contains a transfer of the right, title or interest to the roof or roof space by the owner of a flat to the owner of another flat in that tenement. The most common scenarios are when the owner of the top floor flat acquires any rights or title pertaining to other flats in the block to the roof or roof space to allow them to convert the roof space to an extra room or to site solar panels on the roof. Applications such as these are termed roof space applications and require additional consideration during registration.

Useful links

Legal guidance - Roof space titles

Mapping tenement properties

Mapping air space and strata

For simplicity's sake, the remainder of this page of the manual refers to roof space - however the guidance can be applied equally to title to attic space or to the roof of a tenement building.

Roof space applications

A roof space application can be received as an:	A roof space application can be received for:	A roof space application can also be:
FR - when the disponing title is unregistered; VR - when the applicant's title to the roof space is recorded in the sasine register; TP - when the disponing title is already registered; or APR - when the deed being registered is a lease and the landlord's title is still in the sasine register.	just the roof space; or for a flat or unit plus additional share(s) in the roof space.	An Add-to application (FA or TA) allowing additional share(s) in the roof space to be added to an existing title. A lease of all or part of the roof or roof space of a building. APR will be required if the landlord's title is still in the sasine register. An application to register a flat under exception of the roof space.

Key points for plans settlers

The plans registration process for a roof space title is very similar to that for the registration of flat or unit within a tenement. The key points and differences are set out below:

The index map should be checked to establish if other flats or units within the tenement are already registered. If such titles exist, their title sheets should be checked to see if any shares or rights in common to the roof space are already registered. These shares or rights in common may have been included in the prior titles with a reference to the cadastral map/Title Plan, or they may have been included verbally. Total ownership of the roof space cannot exceed 100% - if the current application would result in more than 100% ownership in the roof space, the application should be rejected on the basis that it creates a competition in title.
The tenement steading cadastral unit should be mapped in the normal manner, using a red edge or tints depending upon which is most appropriate for the particular cadastral unit - see Mapping Tenement Properties for further detail on tenement steading cadastral units.
As roof space forms part of a tenement, it is acceptable for the roof space to be described by reference to a deed plan or with a suitable verbal description - see Description of Flatted Property Must be Acceptable and When to Accept Verbal Descriptions for Areas of Exclusive and Common Ownership for more detail on what is considered to be a suitable verbal description.
Roof space titles can include rights (such as rights of access) or be burdened by encumbrances. As with applications to register other property within a tenement block, this information will be included in the deeds and the application form, and the same guidelines on acceptability, etc apply. See Plans references for specific rights, burdens and servitudes for more general guidance on this. As mentioned above, a suitable verbal description within the tenement steading cadastral unit would be acceptable.
If a plans reference is being provided for the extent of the roof space interest, this will be shown on a grouping containing supplementary data, and the reference will be classified as Ownership of Strata, Ownership - shared, or as Lease if it is the tenant's interest being registered.
When completing the the property description in the property section of the title sheet, additional considerations exist. It may be necessary to add a note to the property section. See section, below, for details.
If the application is to register a flat under exception of the roof space, a note will also be added to the title sheet. See section, below, for details.
If the application is to remove roof space from an existing registered title (a TP or TA application), a note will be also added to the title sheet for the disponing parent title. See section, below, for details.

Property section

Acquiring Title

Disponing Title

Excepting Title

The property section description for a roof space title where the acquiring flat is registered, or is being registered at the same time as the roof space, should be set out in the normal fashion with the exception of the details of the roof space.

(A) Where the flat and the whole title to the roof space are being registered at the same time, the roof space should be included in the property description by the plans settler, for example:

"Subjects part of cadastral unit …, with the roof and roof space immediately above the said flat...."

or

"Subjects part of cadastral unit …; with the attic space tinted xxxxx on supplementary data 1…"

(B) Where the flat and a only share in the title to the roof space are being registered at the same time, the legal settler will include the share in the roof space in the property section along with any other common rights of ownership, for example:

"Subjects part of cadastral unit …, together with (1) a two-thirds pro indiviso share in and to the roof and roof space immediately above the said flat....."

or

"Subjects part of cadastral unit …; together with (1) a three-fifths pro indiviso share in the attic space tinted xxxxx on supplementary data 1…"

(C) Where the roof space is being added to existing registered subjects, the following note should be added:

"Note: The interest in the (roof and) roof space immediately above the said flat was added to this title on (registration date of roof space)"

(D) Where the roof space is all that is currently being registered in the title, no note is required, and the description of the roof space subjects are to be incorporated into the property description. (Please note, If only a share or right in common is being registered, this information will be included by the legal settler in the proprietorship section.)

"Subjects part of cadastral unit LANxxxx ......edged red on the cadastral map being the roof space immediately above the westmost flat on the second floor of the said tenement"

or

"Subjects part of cadastral unit LANxxxx ......edged red on the cadastral map being the roof and attic space tinted blue on supplementary data 1"

When the roof space is being disponed from registered subjects (a TP or TA), the following style of note should be added to the property section:

"Note: The interest in the (roof and) roof space immediately above (specify the acquiring flat) of tenement (describe) was removed from this title on (registration date of roof space TP)."

When the roof space is specifically excluded from an application to register a flat or unit, the following style of note should be added to the property section:

"Note: Right, title and interest to the (roof and) roof space immediately above (specify the acquiring flat) of tenement (describe) is not included in this title."